[HISTORY: Adopted by the Township Council of the Township of Old Bridge 10-17-2005 by Ord. No. 30-2005. Amendments noted where applicable.]
The Township of Old Bridge agrees to participate in the creation of and operation of the South Central Middlesex County Flood Control Commission pursuant to N.J.S.A. 40:14-16 et seq., as follows:
The municipalities invited to participate in said Commission are: Borough of Helmetta, Borough of Jamesburg, Borough of Spotswood, Borough of South River, Township of Monroe, Township of Old Bridge and Township of East Brunswick.
The South Central Middlesex County Flood Control Commission shall be established in accordance with N.J.S.A. 40:14-16 et seq.
The South Central Middlesex County Flood Control Commission shall:
Collect, study and analyze data on flooding, past floods and the causes of floods in the area;
Make such data and studies available to the participating members, to the Division of Water Policy and Supply, the Army Corps of Engineers, local and county planning boards and officials concerned with subdivisions and development of properties within the floodway and drainage areas;
Keep itself informed as to the availability of state and federal funds and grants and the procedures for applying therefor, and shall make such information available to participating members;
Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like;
Encourage the acquisition of lands within the floodway and low-lying areas by appropriate county park commissions, counties or participating municipalities;
Publicize methods of flood control and flood prevention;
Encourage its participating members and others to adopt appropriate ordinances and regulations relating to flood control;
Encourage its participating members to support other programs designed or intended to alleviate flooding;
Perform such other acts and fulfill such other functions as may be permitted by law and as determined by the members, subject to the limitations in this chapter and subject to the limitations as set forth in N.J.S.A. 40:14-16 et seq.
The general, administrative and other expenses of the Commission, affecting the Commission as a whole, shall be apportioned among the members in a manner to be determined by the members not later than 120 days after the appointment of all representatives by the participating municipalities.
Whenever a specific project is to be undertaken involving less than the interests of all of the participating members, or of special benefit to less than all of the participating members, the apportionment of the costs thereof shall be agreed upon by the participating members specially benefited thereby in advance of authorization of such project.
The apportionments may be changed by agreement among the participating municipalities and counties; provided, however, that there shall be no increase in the percentage to be contributed by any participant without the consent of the governing body of such participating member.
Budget. The tentative annual budget for the Commission shall be adopted by the Commission no later than 120 days after the appointment of all representatives by the participating municipalities.
Operating procedures. The operating procedures of the Commission shall be adopted at a regular or special meeting of the Commission, but not later than 120 days after the appointment of all representatives by the participating municipalities.
Withdrawal. Each member municipality and county reserves the right pursuant to N.J.S.A. 40:14-17d to withdraw from the Commission; provided, however, that at least 90 days' notice of such intention is given to the Commission; and provided, further, that such withdrawal after the adoption of the Commission budget for a given year shall not abrogate the responsibility of the municipality or county to meet its obligations under the budget for such year.
The Board of Chosen Freeholders and each municipal council shall appoint two representatives to the Commission, either or both of said representatives may be a member of the board or council or hold other elective or appointive office in the respective governmental units.
In additional to such representatives, the Township Council may appoint two alternate representatives to the Commission who shall serve for the terms of one year each or until the appointment and qualification of their successors. Such alternates shall have the right to attend all meetings of the Commission and take part in all discussions. The alternates shall be designated as first alternate and second alternate and in such order may represent the Township of Old Bridge and vote in the event of the absence or disability of one or both of the regular representatives.
Each regular representative shall serve for a term of five years or until his successor has been appointed and has qualified except that any appointed representative who holds another elected or appointed public office shall serve as such representative for the term of his elected or appointed office and only so long as he shall hold such elected or appointed public office, notwithstanding his term of appointment as such representative. Appointments to vacancies caused by the death, resignation or other inability to serve of a representative shall be filled for the balance of the term only. No alternate representative shall automatically succeed to a regular representative position upon a vacancy occurring in a regular position.
The Clerk of this Township Council shall forward certified copies of this chapter to all of the participants set forth in § 196-1A; the New Jersey Department of Environmental Protection; and the senators and assemblypersons representing Middlesex County.
This chapter shall take effect upon the final adoption of ordinances by all of the participants set forth in § 196-1A hereof.